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Privacy Policy

PRIVACY POLICY

BiaCon LLC is committed to protecting the online privacy of the users of this website (“Website”). As such, this Privacy Policy has been written in order to allow you to understand BiaCon’s policy regarding your privacy, as well as how your personal information will be handled when using the Website. This Privacy Policy will also provide you with information so that you are able to consent to the processing of your personal data in an explicit and informed manner, where appropriate. In general, any information and data which you provide to BiaCon over the Website, or which is otherwise gathered via the Website by BiaCon, in the context of the use of BiaCon’s services (“Services”), will be processed by BiaCon in a lawful, fair and transparent manner. To this end, and as further described below BiaCon takes into consideration internationally recognized principles governing the processing of personal data, such as purpose limitation, storage limitation, data minimization, data quality and confidentiality.

DATA CONTROLLER

BiaCon, as identified at the top of this Privacy Policy, is the data controller regarding all personal data processing carried out through the Website.

Personal Data processed

When you use the Website, BiaCon will collect and process information regarding you (as an individual), which allows you to be identified either by itself, or together with other information, which has been collected. BiaCon may also be able to collect and process information regarding other persons in this same manner, if you choose to provide it to BiaCon.

This information may be classified as “Personal Data” and can be collected by BiaCon both when you choose to provide it (e.g., when you sign up for an account, in order to receive BiaCon’s Services) or simply by analysing your behaviour on the Website.

Personal Data, which can be processed by BiaCon through the Website, are as follows:

a. Name, contact details and other Personal Data

In various sections of the Website – e.g. if you decide to request a quote on the Website, or to subscribe to the Website’s Blog – you will be asked to submit information such as your name, phone / mobile numbers and e-mail address, as well as information related to the company you currently work for and your position in that company.

In addition, whenever you participate in surveys and other promotions, which may be available on the Website, as well as whenever you communicate with BiaCon through the contact details provided in the Website, BiaCon may collect additional information which you choose to provide. This is also the case regarding any information you choose to disclose in certain sections of the Website, which allow you to participate in a public forum or to contact BiaCon directly.

b. Special categories of Personal Data

Certain areas of the Website include free text fields where you can write messages to BiaCon (e.g., the Live Chat), or otherwise allow you to post various types of content on the Website, which may contain Personal Data.

Where these fields are completely free, you may use them to disclose, or may post content which discloses (inadvertently or not) more sensitive categories of Personal Data, such as data revealing your racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership. The content you upload in these fields may also (inadvertently or not) include other types of sensitive information relating to you, such as your genetic data, biometric data or data concerning your health, sex life or sexual orientation.

BiaCon asks that you do not disclose any sensitive Personal Data on the Website, unless you consider this to be strictly necessary. If you do, this Personal Data may be processed by the Company based on your explicit consent.

c. Other persons’ Personal Data

As mentioned in the previous section, certain areas of the Website include free text fields where you can write messages to BiaCon, or otherwise allow you to post various types of content on the Website. These messages and content may (inadvertently or not) include Personal Data related to other persons.

In any situation where you decide to share Personal Data related to other persons on the Website, you will be considered as an independent data controller regarding that Personal Data and must assume all inherent legal obligations and responsibilities. This means, among other things, that you must fully indemnify BiaCon against any complaints, claims or demands for compensation for damages, which may arise from the processing of this Personal Data, brought by the third parties whose information you provide through the Website.

As BiaCon does not collect this information directly from these third parties (but rather collects them, indirectly, from you), you must make sure that you have these third parties’ consent before providing any information regarding them to BiaCon; if not, then you must make sure there is some other appropriate grounds on which you can rely to lawfully give BiaCon this information.

Browsing data

The Website’s operation, as is standard with any websites on the Internet, involves the use of computer systems and software procedures, which collect information about the Website’s users as part of their routine operation. While BiaCon does not collect this information in order to link it to specific users, it is still possible to identify those users either directly via that information, or by using other information collected – as such; this information must also be considered Personal Data.

This information includes several parameters related to your operating system and IT environment, including your IP address, location (country), the domain names of your computer, the URI (Uniform Resource Identifier) addresses of resources you request on the Website, the time of requests made, the method used to submit requests to the server, the dimensions of the file obtained in response to a request, the numerical code indicating the status of the response sent by the server (successful, error, etc.), and so on.

These data are used to compile statistical information on the use of the Website, as well as to ensure its correct operation and identify any faults and/or abuse of the Website.

Cookies

Definitions, characteristics, and application of standards

Cookies are small text files that may be sent to and registered on your computer by the websites you visit, to then be re-sent to those same sites when you visit them again. It is thanks to these cookies that those websites can “remember” your actions and preferences (e.g., login data, language, font size, other display settings, etc.), so that you do not need to configure them again when you next visit the website, or when you change pages within a website.

Cookies are used for electronic authentication, monitoring of sessions and storage of information regarding your activities when accessing a website. They may also contain a unique ID code which allows tracking of your browsing activities within a website, for statistical or advertising purposes. Some operations within a website may not be able to be performed without the use of cookies which, in certain cases, are technically necessary for operation of the website.

When browsing a website, you may also receive cookies from websites or web servers other than the website being visited (i.e., “third-party cookies”).

There are various types of cookies, depending on their characteristics and functions, which may be stored on your computer for different periods of time: “session cookies”, which are automatically deleted when you close your browser, and “persistent cookies”, which will remain on your device until their pre-set expiration period passes.

According to the law which may be applicable to you, your consent may not always be necessary for cookies to be used on a website. In particular, “technical cookies” – i.e. cookies which are only used to send messages through an electronic communications network, or which are needed to provide services you request – typically do not require this consent. This includes browsing or session cookies (used to allow users to login) and function cookies (used to remember choices made by a user when accessing the website, such as language or products selected for purchase).

On the other hand, “profiling cookies” – i.e., cookies used to create profiles on users and to send advertising messages in line with the preferences revealed by users while browsing websites – typically require specific consent from users, although this may

vary according to the applicable law.

Types of cookies used by the Website

The Website use the following types of cookies:

Browsing or session cookies, which are strictly necessary for the Website’s operation, and/or to allow you to use the Website’s content and Services.

Analytics cookies, which allow BiaCon to understand how users make use of the Website, and to track traffic to and from the Website.

Function cookies, which are used to activate specific Website functions and to configure the Website according to your choices (e.g., language), in order to improve your experience.Profiling cookies, which are used to observe the preferences you reveal through your use of the Website and to send you advertising messages in line with those preferences.

BiaCon also uses third-party cookies – i.e. cookies from websites / web servers other than the Website, owned by third parties. These third parties will either act as independent data controllers from BiaCon regarding their own cookies (using the data they collect for their own purposes and under terms defined by them) or as data processors for BiaCon (processing personal data on BiaCon’s behalf). For further information on how these third parties may use your information, please refer to their privacy policies:

You can block or delete cookies used on the Website via your browser options. Your cookie preferences will be reset if different browsers are used to access the Website. For more information on how to set the preferences for cookies via your browser, please refer to the following instructions:

Internet Explorer

Firefox

Chrome

Safari

CAUTION: If you block or delete technical and/or function cookies used by the Website, the Website may become impossible to browse, certain services or functions of the Website may become unavailable or other malfunctions may occur. In this case, you may have to modify or manually enter some information or preferences every time you visit the Website.

BiaCon uses Google Analytics on the Website. This is a tool developed by Google and used to collect information, which permits evaluation of the use of the Website, analysis of your behavior and improvement of your experience with the Website. You can obtain more information about how to opt out of Google Analytics at: https://tools.google.com/dlpage/gaoptout

2. Purposes of processing

BiaCon intends to use your Personal Data, collected through the Website, for the following purposes:

To verify your identity and assist you, in case you lose or forget your login / password details for any of BiaCon’s registration services, to allow you to access different restricted areas and sections of the Website (such as the Customer Portals), to request quotes, to send messages to BiaCon, and to provide any other Services which you may request (“Service Provision”);

To create a profile of you as a Website user, through the use of profiling cookies and by collecting and analyzing information on the preferences you select and choices you make in the Website, as well as your general activities on the Website. This profile will be used to give you information about other websites / services which BiaCon believes you may be interested in, and to show you information and advertisements which may be relevant to you and your interests. All algorithms involved in this processing are regularly tested; to ensure the processing’s fairness and control for bias (“Profiling”);

For compliance with laws, which impose upon BiaCon the collection and/or further processing of certain kinds of Personal Data (“Compliance”);

For development and administration of the Website, in particular by use of data analytics regarding how you and other users use the Website, as well as the information and feedback you provide, to improve our offerings (“Analytics”);

To prevent and detect any misuse of the Website, or any fraudulent activities carried out through the Website (“Misuse/Fraud”).

BiaCon’s legal bases to process your Personal Data, according to the purposes identified in Section 3, are as follows:

Service Provision: processing for these purposes is necessary to provide the Services and, therefore, is necessary for the performance of a contract with you. It is not mandatory for you to give BiaCon your Personal Data for these purposes; however, if you do not, BiaCon will not be able to provide any Services to you.

Marketing: processing for these purposes is based on BiaCon’s legitimate interest in promoting its goods and services to its existing and potential customer base. Though BiaCon’s customers are exclusively legal persons (as BiaCon does not supply goods or services to individuals), this implies the use of personal data on contact persons within those legal persons, such as names and contact details. Given the fact that these direct marketing communications are directed at legal persons, that they are collected in the context of a request for a quote or an actual sale of BiaCon’s goods and services, and that individuals which receive these communications are entitled to opt-out at any time (including when their data is collected and within each communication sent), BiaCon believes that its legitimate interest is not overridden by individuals’ rights, freedoms and interests. It is not mandatory for you to allow BiaCon to use your Personal Data for these purposes, and you will suffer no consequence if you choose not to (aside from not being able to receive further marketing communications from BiaCon).

Profiling: processing for this purpose is based on your consent, given by accepting the use of profiling cookies. It is not mandatory for you to give consent to BiaCon for use of your Personal Data for this purpose, and you will suffer no consequence if you choose not to (aside from not being able to benefit from greater personalization of your user experience regarding the Website). Any consent given may also be withdrawn at a later stage (please see Section 8 for more information).

Compliance: processing for this purpose is necessary for BiaCon to comply with its legal obligations. When you provide any Personal Data to BiaCon, BiaCon must process it in accordance with the laws applicable to it, which may include retaining and reporting your Personal Data to official authorities for compliance with tax, customs or other legal obligations.

Analytics: Information collected for this purpose is used to allow BiaCon to understand how users interact with the Website and to improve the Website accordingly, with the aim to providing a better user experience.

Misuse/Fraud: Information collected for this purpose is used exclusively to prevent and detect fraudulent activities or misuse of the Website (for potentially criminal purposes).

4. Recipients of Personal Data

Your Personal Data may be shared with the following list of persons / entities (“Recipients”):

Persons, companies or professional firms providing BiaCon with advice and consultancy regarding accounting, administrative, legal, tax, financial and debt collection matters related to the provision of the Services;

Entities engaged in order to provide the Services (e.g., hosting providers or e-mail platform providers);

Persons authorized by BiaCon to process Personal Data needed to carry out activities strictly related to the provision of the Services, who have undertaken an obligation of confidentiality or are subject to an appropriate legal obligation of confidentiality (e.g. Employees of BiaCon);

Other companies within the BiaCon Group; and

Public entities, bodies or authorities to whom your Personal Data may be disclosed, in accordance with the applicable law or binding orders of those entities, bodies or authorities;

5. Transfer of Personal Data

Considering BiaCon’s worldwide presence and business operations, your Personal Data may be transferred to Recipients located in several different countries. BiaCon implements appropriate safeguards to ensure the lawfulness and security of these Personal Data transfers, such as by relying on adequacy decisions from the European Commission, standard data protection clauses adopted by the European Commission, or other safeguards or conditions considered adequate to the transfer at hand.

6. Retention of Personal Data

Personal Data processed for Service Provision will be kept by BiaCon for the period deemed strictly necessary to fulfill such purposes – in any case, as these Personal Data are processed for the provision of the Services, BiaCon may continue to store this

Personal Data for a longer period, as may be necessary to protect BiaCon’s interests related to potential liability related to the processing.

Personal Data processed for Profiling will be kept by BiaCon from the moment you give consent until the moment you withdraw the consent given. Once consent is withdrawn, Personal Data will no longer be used for these purposes, although it may still be kept by BiaCon, in particular as may be necessary to protect BiaCon’s interests related to potential liability related to this processing.

Personal Data processed for Compliance will be kept by BiaCon for the period required by the specific legal obligation or by the applicable law.

Personal Data processed for Analytics and Misuse/Fraud will be kept by BiaCon for as long as deemed strictly necessary to fulfill the purposes for which it was collected, unless you validly object to the processing of your Personal Data for these purposes (please see Section 8 for further information).

7. Data subjects’ rights

As a data subject, are entitled to exercise the following rights before BiaCon, at any time:

Access your Personal Data being processed by BiaCon (and/or a copy of that Personal Data), as well as information on the processing of your Personal Data;

Correct or update your Personal Data processed by BiaCon, where it may be inaccurate or incomplete;

Request erasure of your Personal Data being processed by BiaCon, where you feel that the processing is unnecessary or otherwise unlawful;

Request the restriction of the processing of your Personal Data, where you feel that the Personal Data processed is inaccurate, unnecessary or unlawfully processed, or where you have objected to the processing;

Exercise your right to portability: the right to obtain a copy of your Personal Data provided to BiaCon, in a structured, commonly used and machine-readable format, as well as the transmission of that Personal Data to another data controller;

Object to the processing of your Personal Data, based on relevant grounds related to your particular situation, which you believe must prevent BiaCon from processing your Personal Data; or

Withdraw your consent to processing (for Profiling).

Please note that most of the personal information you provide to BiaCon can be changed at any time, including your e-mail preferences, by accessing the user profile you can create on the Website.

You can object to the processing of your Personal Data for Marketing also by selecting the appropriate link included at the bottom of every marketing e-mail message received.

Aside from the above means, you can also exercise your rights described above by sending a written request to BiaCon at the following address: privacy@biacon.net

In any case, please note that, as a data subject, you are entitled to file a complaint with the competent supervisory authorities for the protection of Personal Data, if you believe that the processing of your Personal Data carried out through the Website is unlawful.

8. Amendments

This Privacy Policy entered into force on Feb 20, 2019. BiaCon reserves the right to partly or fully amend this Privacy Policy, or simply to update its content, e.g., as a result of changes in applicable law. If BiaCon makes a change to this policy, that in BiaCon’s sole discretion is material, BiaCon will inform you of such changes as soon as they are introduced, and they will be binding as soon as they are published on the Website. BiaCon therefore invites you to regularly visit this Privacy Policy in order to acquaint yourself with the latest, updated version of the Privacy Policy, so that you may remain constantly informed on how BiaCon collects and uses Personal Data.

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